DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 06584-08
7 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: —i lr a : “8
REVIEW OF NAVAL RECORD (RECONSIDERATION)
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 21 Sep 06 w/attachments
(2) BCNR ltr dtd 4 Oct 07 w/enclosure
(3) Counsel's ltr dtd 23 Jun 08 w/attached brief
(4) PERS-832B memo dtd 8 Sep 08
(5) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected by removing the undated service record page
13 ("Administrative Remarks") entry reflecting fraudulent
enlistment for failure to disclose criminal charges and the page
13 entry dated 2 October 1998 reflecting a telephonic waiver for
"DUI and drunk in public." Enclosure (2) shows the Board denied
Petitioner’s request on 4 October 2007. By enclosure (3), his
counsel provided new and material evidence warranting
reconsideration.
2. The Board, consisting of Messrs. Fales, J. Hicks and Ivins,
reviewed Petitioner's allegations of error and injustice on
2 October 2008, and pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered
by the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice,
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. In correspondence attached as enclosure (4), the Navy
Personnel Command office having cognizance over the subject
matter addressed in Petitioner's application has commented to
the effect that his request has merit and warrants favorable
action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (4), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the undated service record page 13 ("Administrative Remarks")
entry reflecting fraudulent enlistment for failure to disclose
criminal charges and the page 13 entry dated 2 October 1998
reflecting a telephonic waiver for "DUI and drunk in public."
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
c. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
Bronce ow JeLetn~
oe
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6 (e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
Executive Dil
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